September 2015 Barrister Online - BCBA's Monthly Digital Publication.

Broward County Bar Association

Barrister Online

September 2015

ON THE COVER:

Celebrate American democracy and freedom at the Broward County Bar Association's 2015 Constitution Day Reading event on Wednesday, September 16. Read More

Click HERE to Register Today

A Letter from the BCBA President

by Robin S. Moselle

Times They Are A Changing

I followed my father into the law. My dad, now retired, focused a good part of his practice in the area of collections. While I was growing up, he was the only attorney in Broward County who did this type of work. There was only one attorney in Dade County, one in Palm Beach County, and very few other attorneys in Florida practicing in this area. These attorneys did not practice beyond these lines as there was enough work keeping them busy in their respective county. Read More

A Letter from the YLS President

by Jeffrey M. Wank

Donald Trump has taken over the Republican presidential debate and consumed the news coverage over the past couple of months. His remarks have gained national attention. People either love him or hate him. Even his opponents have acknowledged he can no longer be ignored. It seems a majority of Americans are tuning into to politics and the Presidential debates, even though the general election is more than a year away. Why? Two words: The Donald. Read More

Our Barrister monthly print publication is directly and digitally mailed to our 3000 Broward County Bar Association Members and available on-line for the entire legal community.

Our upcoming October 2015 issue's deadline is September 11. This is a great opportunity to announce new associates, a change in address, your business and more! Inquire today! Contact us at [email protected].

BCBA Board of Directors' Response to the Reciprocity Proposal

After carefully reviewing the preliminary report submitted by the Vision 2016 Attorney admission subgroup at the July 24, 2015, Florida Bar Board of Governors' meeting, the Broward County Bar Association Board of Directors has voted unanimously to strongly oppose the subgroup's proposal for Admission by Motion to the Florida Bar. Read More

Constitution Day

Assad S. Mirza

by Assad S. Mirza and Jared Guberman

On September 16, 2015, the Broward Bar Association will observe and recognize the adoption of the U.S. Constitution. It was 228 years ago that America committed itself to the ideals of liberty, equality and justice. At that time, our founding fathers committed to one rule of law, limited the hands of government, and. The American notions of "right to be free" and "live and let live" were born.

Jared Guberman

The U.S. Constitution is the very backdrop of American ingenuity. It is the embodiment of the Western spirit, that hard work and endurance of character are the salt of life. The U.S. Constitution nurtures unimagined possibilities and balances the spirit with openness to self-criticism, all the while striving for equality and fairness. Openness of thought, questioning the "why", and tolerance are in our very nature. The spirit of the West is contagious, even to foreign born U.S. citizens. The U.S. Constitution is the colorful fabric that makes it all possible. Read More

Legal Health Corner: The Health Benefits of Pet Ownership

by Bruce A. Blitman

Many of us have experienced the joy of cuddling and playing with our pets. They enthusiastically greet us when we return from a long, difficult day at work or from a short trip to the store. They are our friends, confidantes and protectors. When we are in their presence, we feel better. Science and research supports this. Studies show that interacting with our pets is a meaningful way to lower blood pressure, reduce stress and possibly add years to our lives. Read More

U.S. Supreme CourtUpholds Florida's Judicial Campaign Rule

by Adam R. Vaught and Mary Beth Ricke

In 2009, Florida attorney Lanell WilliamsYulee mailed letters announcing her candidacy for county judge to numerous potential supporters. In the letter, Ms. Williams-Yulee asked for an "early contribution of $25, $50, $100, $250, or $500, made payable to 'Lanell William-Yulee Campaign for County Judge.'" Judges and judicial candidates are barred by Florida's ethical rules from personally soliciting campaign contributions. Because of this violation, theFlorida Supreme Court reprimanded her. Ms. Williams-Yulee took the case to the U.S. Supreme Court and argued that Florida's rule violated her First Amendment free speech rights. In a 5-4 decision, the court upheld the reprimand, finding Florida's rule does not violate the First Amendment. Read More

A Gentleman and a True Professional

by Christopher M. Nielson

I immediately said yes, with no hesitation.

Broward County Bar Association (BCBA) President John G. Jordan asked me to write an article for the Barrister about Attorney Kelly D. Hancock receiving the prestigious BCBA Lynn Futch Professionalism in Practice Award. The award is named for Lynn Futch, BCBA President 1998-1999. Lynn exemplified Professionalism, and sadly her stellar career and bright life were cut short much too soon, passing away on June 25, 2000. Read More

Recent Developments in the Law

by Nancy Little Hoffman

["FOUR WAYS TO LOSE AN APPEAL"]

CLIENT'S REPEATED DISOBEDIENCE OF COURT ORDERS CAN FORFEIT RIGHT TO APPEAL.

The husband in a dissolution of marriage case repeatedly failed to pay court-ordered support and refused to comply with discovery orders, resulting in contempt orders and writs of bodily attachment. The Fourth District, noting that it has the discretion to dismiss his appeal on that basis as long as it gives him an opportunity to purge himself, relinquished its jurisdiction for 30 days for that purpose. If he fails to do so, his appeal will be dismissed. Whissell v. Whissell, 40 Fla. L. Weekly D1829 (Fla. 4th DCA Aug. 5, 2015). Read More